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Book Panel Education. (2012) 'Copyright and the Book A Conversation About Authors, Publishers and the Public Interest.'

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  CSPAN    Book TV    Book Panel  Education.  (2012) 'Copyright and the Book A  
   Conversation About Authors, Publishers and the Public...  

    December 30, 2012
    1:05 - 1:59am EST  

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book. >> that's it is the creativity. >> that is an artifact from one of my books. >> but one of those creations stations that people could create what they saw in their mind in a book that when you see a movie made from a book and that is not what i thought. it should have been like fact so libraries have to loosen up a little bit. >> there are analogies for asher and nothing can a book has been published by the private sector saying you
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put my candy bar in this book and we will pay you but they do that for the movies. >> there was the product placement novel and it was quite controversial and it was a prank but it fell back in her face. >> talked-about the nonprofit world in this world to talk of the carnegie foundation to help publishers to put up the muslim world bookshelf that is 30 books on muslim cultural issues 300 libraries in the country with a cooperative effort
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with institutions of governance that the libraries are. there is cooperative effort that does take place and officials come to mind my favorite example and lolita says when she speaks to her students she would say can you name in american president of the 19th century? they would say what about abraham lincoln? she would say can you name in american literary figure? they all say mark twain. who has a bigger impact? a literary figure or political figure?
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when it is really the driving circumstance. >> it is advertising. >> i always insisted putting advertising in the random house books whether be for pharmaceuticals but when you take something like said james bond novel what is the car that he drives? what champagne does he drink? of course, you know, that. the aston martin that is of famous british racing car but that is in the book but if i would offer them the advertisement and ian
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fleming used to work the mine newspaper what is wrong with it? >> but the state's actually banned advertising. but it offended many writers. but what that has turned into you will find a corporate partners. i worked with to watch because if you take any opportunity then media works with partners with the of
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liquor they are looking for the market so you will find that type the support so that is really surprised. >> but that is not your. random house will advertise in your books author stage often by the same author. >> but the health care@ often by the same author. >> but the health care system and of their are any other ideas advertising, and museums, . >> the small business in administration would be a
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delightful federal partner for those who are struggling to stay alive. >> i am feeling that the department of justice case with price fixing over the e-books prices especially from where i set but intellectual property against intellectual property and we're on the wrong purpose where the tax sector uses intellectual property that does not compensate the people who make it. there are many of their conversations but we watch transition. there are opportunities for both the governmental and non-governmental partnerships. france and most support
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agreements and britain latigo and it hurt the publishing industry. that is set and firm. >> are you hot style to that? >> not at all. i think it has kept businesses in business and also provided the riders with the royalties but. >> what is maddening at the moment to say everything should be free? >> this is the divide with kugel and microsoft to get rid of copyrights but they cannot live on she's. some of them came and. >> and biscuits and rice. >> why we are here.
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>> are you on this attitude was publishing and finance? >> we have an instinct for the people that produce literature or history but we're not in the business to make lot. and we have an instinct wanting to have access. there is the distinction between supporting the concept that is a powerful
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question. coming from the legislative background of a fairly narrow commercial interest dictated a process added
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period of time i doubt if exactly the same decisions would pass with today's environment to. if it is pared back we'll be part of the legislators but the copyright to itself should be maintained in this framework is the question. >> spending any money on the book? >> they will spend money. >> it would help. there are materials with the things that libraries all over the world and that is why we're very hopeful the digital public library of
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america will help with the digitization and also the projects fettered going on. we would like to think about it. the millions and millions and what it will take but we cannot. >> it is still in process. they will be here on tuesday's probably discussing these things. there is an appeal. >> it is about copyright? >> bettis for the next panel. but back to access as these things are challenged you still think of the person
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person, the seven year-old do once the window to the world. >> i want to thank this distinguished panel. think you. [applause] [applause] >> good morning. i am maria pallante i of united states register of copyrights from the united states office. i would like to say that this is a very wonderful privilege because of the long history of copyright law and this jefferson
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building is literally the house that copyright built. with them let me start by introducing briefly for a distinguished panel that we have. their biography in depth is online and in your brochure and tom allen president and chief executive officer of american publishers and we have james shapiro a shakespearean scholar and in the professor and vice president of the authors guild and is from columbia university. and peter jaszi professor of copyright law from the washington end college of law and is also an author
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and although he would not want me to was recently given the great honor by his colleagues to have a lecture named after him. congratulations. [applause] our topic is "copyright and the book" a very small topic. i want to reflect on the title because "copyright and the book" at its core is about the public interest with authors and publishers as part of the public interest. i would underscore that because sometimes in political circles it is brought up were authors and publishers are empathetic call or in the competition with the public that is not
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the foundational history at all. you will have a discussion how it brings together all of those in respect to copyright law to serve the readers in the valley with publishers and freedom of expression. we will talk about how changes in the book industry in methods of dissemination and consumer expectation show the need for legal change. people talk about copyright reform and they mean different things but from my perspective on behalf of the u.s. copyright office but many provisions require review and updating and the great challenge is how we reflect the digital age with the foundational principles
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of the copyright system and with that i would like to start with the thought full professor on the ant. could you talk about how evolution of the book as such with the fourth sale doctrine? >> thank you for the generous introduction and the invitation. it is a special pleasure to be here today to talk to this audience about the subject. also this panel relieves me of a problem that i have when i talk about this topic , what to call the
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massive individual collective well-being that is in in the constitutional language and in everything courts have said over the years from the public objective it is a problem to call than users because it shows the role that is too passive of consumers. citizens is a little vague and perhaps and over inclusive but i don't have to worry about that today that i can say we talk about the public of readers they are sophisticated and casual
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readers and decided readers and blind readers together. what to all of these readers like about books? >> as i think of themes i go to the new book to a fine art to internal machine. that is now out in paperback. [laughter] the professor suggests to answers to the question. what to the readers like about the book? one answer is readers from the very beginning has responded to the stability
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from stiff material to gives to their meaning and printing was the define art because it preserve those other arts but early rated-- readers today valued something different about the book referred to as the velocity of print to multiplied copies that they did move with new speed with hand to hand and mind to mind. literally and figuratively not changed and if i had a slide i would show the old
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and copy change to the monastery to emphasize my point*. einstein sites it for his association. the generous act of sharing. the fixity of print on one hand and the velocity of print on the other that has associated equal and sometimes contradictory appeal. what does copyright to have to do with this? later we can talk the route the decisions that have been taken over time about
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copyright policy with the survival and the flowering of the book but i want to talk about just one that dates from the time long before we had a name for it to that after an authorized first sale of a particular copy, the owner generally has no residual authority by further sale or gift to more lending or any of their way to imagine. this ancient rule was an effort by united states supreme court and reaffirmed by congress in 1909 and 76. but however old, it is not
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an accident to have broadly shared social values with the instrumental goals of copyright to encourage the creation and dissemination and secondary dissemination of knowledge. by keep being copyright to, we have been successful maybe we've been accelerating the velocity -- velocity of french. to reinforce literacy to foster a popular culture. it has given us great collections, books, manuscri pts and it has given rise to
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public institutions that serve directly and public lending libraries. and to argue by helping to make the reputation whose popularity grew that passed from reader to reader and as we know that institution today. for sale is under siege we hear complaints about used book sales, online and we wait to hear what the supreme court will say about first sale of foreign made books of the plaintiffs prevailed then the doctor and will be significantly restricted.
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whatever the result we can expect legislative activity. there will be a winner and loser and somebody will move for the adjustment. of suspect the proper amendment will propose united states follow the example of your pc and copyright laws of those that do not share the overarching commitment to foreboding that notion or the further conditioning. i hope that many if not all of the participants the way that books are produced are consumed can join together to resist such a version that has generated so many benefits and steven cole there is watching.
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[laughter] all like to conclude that readers who care need to do more than that the responsible expansion to books in digital form that we associate with products as their tear ability and persistence. one decade later they may be need to look at the section one '04 steady a case and not be made for a digital for sale doctrine but to pass along while simultaneously deleting it from the memory from where
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it was originally purchased. business models on the e-books with disposable objects not chained to a monastery desk but with a particular transaction make short-term that sense but does not promote the interests of readers and access of information that enjoy a that from the copyright system. [applause] >> let's broaden the discussion a bit. tom allen the first copyright act protected the books they were the primary point* and the first federal registration 1790 was for a book.
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but today you are a member and sometimes it looks like gambling financially. what is it like to be a publisher? how you view copyright? is it more than making money? >> thank-you. think you. [laughter] at the beginning i will say i have given a lot of speeches of varying quality rarely have i listen to a speech and thought immediately i wish i had written it but one that i want to quote call back since the beginning of the nation publishers of and a catalyst for democracy, guardians of free-speech, stewards a scholarship and education education, disseminate ears of scientific discovery, champions of literature. however one defines
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knowledge today but could not have the merged and is not worth sustaining without the distribution of books and journals and other professional content. it goes without saying that wherever there is publishing there is copyright. senator keating was called at the jugular of the industry. quote when maria said that earlier this year i thought i have to attribute that to her and i would not do otherwise. [laughter] but it seemed to sum up what i have heard since i walked into this position three years ago. publishers some care more about making books and making money but there has to be returned.
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one of the big ceos said i gamble with other people's money. that is true of the consumer sector where you don't know what will work and rabat but it doesn't fly to the educational sector. everybody in the industry cares about copyright but there is enormous differences in between what goes on in the cage wealth market. that is very different where sales are made to individual students on the recommendation of faculty that is different from the medical field where mostly
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digital to people who are already working in those areas. we have a full range of different issues. i do want to say since i have my own book coming out shortly, publishers really matter. they have lifted the quality of the final product and to, a dramatically extended its potential reach so a few more people at least can read what any author publishes. the copyright issue comes up with enduring tension between the creators of content but there is more material for a lower priced
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widely available but of the other hand that has allowed other industries to what to asia -- rise up but microsoft and grew willaert important companies, a big companies and they are for enemies because the relationship with all of them but extract to get our content to the reading public. therefore there are differences of opinion. to areas to issues and current significance which is fair use of the academic
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event. to publishers from georgia state university because when they moved from the printed course pack as a material to reserves they stopped to pay 1 penny for anything put up no matter how long it was and since 2006 not 1 penny was paid. in the view of publishers because we have understood that copyright is agnostic that same rules apply print or digital appliances to this litigation. but i would say we now with
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all of the difficulty to decide what is fair use? for this is hard to figure out but some are clearer than others some material is being used semester after semester, not paid for no matter how long the length. that is an issue for copyright owners end the publishers and the authors. that is the gist of why the case was brought and is still continuing. our review is whatever fair use means it does not mean that everything is free and there is a fundamental difference between material
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were the fundamental difference between a private college and of state run university. the second area is the foresail document. some critics say this is the area where justice breyer said one of a husband brings back a bookie by overseas is that a violation? that is not the case. don't worry. there's a reason there has not been for sale documents brought on a regular basis to the supreme court level because mostly it does not matter. libraries could sell there books but the difference is
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it was the allies' air because someone over a period of years by at the international copies and imported them and now it is close at $1 billion. why are there different prices? basically the materials produced here where the class is cannot be sold overseas especially in the developing world for the same price they are sold here. so there are reduced prices
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but for those educational projects which are the best in the world. that is where the for sale doctrine has the interest because i don't believe americans want to create the incentive for the rest of the world. that does not make good policy for industry this an important export industry. american and products are among the best in the world. we have to find some accommodation. these issues, there is anxiety always from relying entirely on print to where we produce print and digital
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products. anxiety about copyright and a culture that so much is expected to be for free. but we do not have to dot every i or cross every t. as long as there's respect for the needs of the public, readers and the office of publishers to bring these products to the market. [applause] >> you are here as a scholar and a representative of the office killed this the longest primary organization with book owners in the
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united states to celebrate here on tuesday. i would say the author is the center of the copyright system. mentioned in the constitution as primary beneficiary but sometimes invisible. last year for the op-ed you wrote the following, a commack rich culture is a contribution to devote thousands of hours to a work and a lifetime to there kraft quote. what would you say is at stake? >> patients say i am not speaking for the authors guild. i and the vice president but they're probably get excited. so these are my remarks but first i should talk about
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what it means to be somebody that uses libraries as earlier at this great library. at 14 years old my dad sat me down to say you will likely spend your life in a library or laboratory. decide. [laughter] i was a very confused student. four years later i was getting a pate is caught in the morning to richet of the law school library books but a very sleepy headed. is this what my dad had in mind? [laughter] he was savvy. and i spent pretty much by a in tired adults life in
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libraries. and right next door here at folger with one of the board of governors. but everybody on the panel is an author and everybody else is a lawyer. i am not a lawyer. i am a little bit out of my depth speaking about copyright. and eyewitness to and party to some of the various court cases that have come up and see protections that day at sat the legal cases have obscured some of these
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fundamental issues facing authors. the of the culture is intoxicated. it is almost orwellian the culture of free and what that means for those who have to make a living racine books. i am not speaking. >> but it is worth repeating today. the math is simple. earn enough of the advance to cover expenses and put a little bit inside before you draft the next proposal. this has worked for most riders because it has been a collaborative process to
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protect authors' rights, of bookstores brooks and mortar selling books libraries bridges and public spee and their profit from the investment work together. the system of sure there was an incentive to take on ambitious subjects that could take years to conceive or right or publish or that are fundamental to a democratic culture. but with scarcity and threatening monopolies the interdependent relationships and over the past decade but there has then be routed the
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security of writers. one part that willfully connects other parts and thinking in particular with the department of justice case eager to pick the low hanging fruit has been destabilizing and potentially devastating but how of they preferred to access material electronically started with schering books between branches or campuses. that is well and could when i wear my a professor at but as an author, from a decade ago they could now count on 250 sales down from 1,000 to
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say we can no longer publish your book even though we are committed because the numbers are no wonder there. the commercial presses are now combining and we may face only two or three in the next few years. but the days of auctioning books is over. controversial book that is turned down may not find another press to publish them is increasingly in your. the sharpest criticism is closer to home to the university's that are in bet with kugel who have with the permission copied, digitized and stored my books along with millions of others which they have no legal right to do under fair use in they have started a program to distribute and
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toes pointed out but i am speaking specifically of the case that talks about the court case of which i am a plaintiff. but it was an exemplary case of protection that ignores the rights of authors at the founding father sought to protect. i serve on committees for fellowships and i must tell you that the ambition of books is shrinking. big books steven wright wright, those that at the center of our situation and writers can no longer afford
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to take them on. i have conversations with a prize-winning novelist who writes for hbo or tv because the publishers can no longer take them on. speaking as a dinosaur whose books have been well supported and future book searle sold but the underwriters do. with the antitrust case is not that it will not be over tear into prime confident it will be but with university of michigan and other libraries storing millions of books, that they will be packed and i feel that resolution will happen because all of those works
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with those royalties are circulated through policy toward disgruntled. >> clap its conclude with the fare battles between the the u.s. between amazon and coucal but the intention of our founding fathers who understood the importance of a democracy is so with article brought back one to grant power not from line number three but the exclusive right to which is their language. but the founding fathers
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with states, a pate trends, universities and corporations that could compromise the independence of their work and did suggest a copyright would insure the first range to further guarantee a full range of perspectives in the marketplace of ideas. when i was 14, i also read a story that has stuck with me and comes back to me. a former and he would move little slow but he still made it. the farmer thought so far so good. i will keep cutting then and
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the horse would take them to market. just when the farmer got it to the price point* the horse died. and that may be the end of the story. [applause] >> we have about 10 minutes and unfortunately be have nothing to do talk about. please speak amongst yourself with one question that is a theme with their broader copyright community. a cherished principle not just of copyright law but american democracy. i think we can agree. but in recent times is that
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the case that their use as a mechanism for access is it a budgetary issue? a feeling of entitlement? what is the problem between fair use access that tension they you described tate the example of the antitrust case. i am a lawyer in the case so i have to speak loosely and be guarded but i think that i can say that's one of the
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propositions that is under the of summary judgment decision i feel like the of the disposition on appeal, in fact,, there was no licensing alternative to create a universal corpus of digitized materials to then be available for a range were positive purposes that my clients were concerned of a solution to a terrible book famine of scholars and students and academics.
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the fair use issues that we hear about are not so much rejection as they are the assertion of what has been from almost the beginning of the copyright system, a strong counter trend to the trends that tom and james have discussed so eloquently, with the community of authors this is a paramount interest and the institutions that serve them. i don't think fair use as being articulated in the georgia state case or the authors guild case is the
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equivalent of the culture of free. that could be an overstatement of not the misstatement of the positions that the defenders of free use in those cases have taken. i don't believe the position of any other responsible library institution. and i am not in that case. every online use of content for cores support purposes should be free. but those that qualify as transformative should be available but is the same proposition.
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>> so? >> let me first just say. i have been told never argue points of law with a lawyer. [laughter] but in the minister earns -- layman's terms with the rise of fair use i could not do what i do without fair use. but within that, there is said doctrine called transformative use. that is a camel that is once in the tent destroys what fair use is intended to mean. and the judge had a radical notion of transformative use to copy an entire book.